NH HB 1682: Bill to Establish “Police Conduct Review Committee” Gains Steam

New Hampshire HB 1682 was introduced by Rep. David Welch (R – Rockingham13) on 1/5/2022, followed by a public hearing on 1/14/2022. The House Committee on Criminal Justice and Public Safety voted that the bill “ought to pass with amendment” and has been referred to the House Finance Committee for further review.

On the Surface It Sounds Great: Hold Police Accountable for Their Actions

The idea of this bill is to establish a committee that’s considered “independent” and separate from local police jurisdictions in order to ensure police officers are held accountable for their actions (or inactions.) According to Rep. David Welch, the aim of the bill is “to establish a single, neutral, and independent statewide entity to receive complaints alleging misconduct regarding all sworn and elected law enforcement officers.” – HB 1682 public hearing, 1/14/2022 – watch here

As outlined in the bill, officers could potentially face the new Conduct Review Committee for a number of reasons, including: if they’ve been convicted of committing a felony, any sentence of incarceration, excessive use of force, driving while intoxicated, moral turpitude (dishonesty, deceit, theft), acts of omission, lying in a police report or criminal proceeding, falsification of records, tampering with or falsifying evidence, racist conduct or statements, etc.

This all sounds great, because of course law enforcement officers should be held accountable for their actions! Which makes me wonder, why aren’t they now?

Policing the Police With Police

There’s already an established Police Standards and Training Council that handles internal reviews in New Hampshire. The new Law Enforcement Conduct Review Committee would fall under that umbrella, dealing exclusively with misconduct reviews. In recent years the public’s interest in holding police accountable has skyrocketed. Perhaps there are so many cases of police misconduct in the state that they can no longer handle the workload or process them quickly enough. 

Since the new Conduct Review Committee would fall under the already established Standards Council, the governor would (again) be appointing its members. The current Police Standards and Training Council consists of mainly a bunch of police officers appointed by Governor Sununu. Since it is the governor who will be appointing members here again, I’m not sure this bill will be as effective as it looks. A politician hand-picking members within the context of “maintaining absolute objectivity” is a farce.   

The Law Enforcement Conduct Review Committee would consist of:

  • Four law enforcement officers appointed by the governor
  • Three public members with no familial associations to a police officer, lawyer, or judge

It’s A Step in the Right Direction

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NH HB 1027: Elected Officials Who Abuse “Emergency Powers” Could Incur Felony Charges of Treason

New Hampshire HB 1027 was introduced by Rep. Tim Baxter (R – Rockingham 20) and Rep. Josh Yokela (R – Rockingham 33) on January 5, 2022, followed by a public hearing on January 19th. It’s now sitting in committee until March 10, 2022.

  • “This bill establishes the crime of subversion of the legislative process-treason for any act to subvert the legislative process based on a false claim of emergency caused by COVID-19.”

Politicians and bureaucrats that violate our medical freedom by enforcing unconstitutional and unlawful mandates should go to prison. The legislative process is sacred. President Joe Biden is not a king, and the executive department cannot subvert the legislative process when it is convenient. It is up to individual state legislatures and the United States congress to enact legislation that impacts the citizens…It is well within the authority of the general court to protect its constituents from overreach of federal executive power. This bill aims to check the power of the federal government, and to defend the people of our state from unconstitutional executive actions and decrees that encroach on their ability to conduct business freely. This bill protects the right of private businesses to make their own decisions in what they require of their employees, and frees them from being shackled by executive overreach.” – Rep. Tim Baxter, HB 1027 public hearing, 1/19/2022 – watch here

 

Arguments Presented at the Public Hearing 

Rep. Baxter’s arguments focused on how covid-19 mandates in New Hampshire have affected employers/employees negatively by forcing them into catch-22 situations. One example was a mother in tears because she didn’t agree with the vaccine mandate, but would lose her job if she didn’t comply. Rep. Baxter argued that businesses should be in charge of setting their own parameters, without government intrusion or intervention whatsoever.

Rep. Yokela’s arguments focused on how using covid-19 as the basis for “emergency powers” is an abuse of the legislative system. Over two years into the pandemic, any “emergency powers” enacted are unnecessary, as the entire world is well aware of the situation. Employers do not need hand-holding, and employees should not be forced into unconstitutional positions by the government. Rep. Yokela argued that legislatures have enough time, at this late stage, to follow the legitimate legislative path instead of enacting laws by executive decree. If they do not follow the proper path, it should be considered an act of treason.

I became actively involved in this process in the end of 2021, beginning of 2022, and I was actually appalled with the way people are being discriminated against because of this pandemic. Not only in our communities, but right here in our legislative body. This bill would hold those people responsible and accountable at every level. It needs to be done. I was in a Senate hearing yesterday and one of the senators who spoke…said the bottom line is that we don’t want to approve this because we want everyone vaccinated. That’s not appropriate. That is not appropriate for someone to take that kind of a stand. He’s representing the people of New Hampshire. Not everyone in New Hampshire wants this vaccine. Not everyone in New Hampshire believes in this vaccine. Not everyone in New Hampshire trusts our federal government, or even our state government at this point. I’m here today to support this bill; it’s a good start.” – Russan Chester (NH citizen), HB 1027 public hearing, 1/19/2022 – watch here

 

Abusing “Emergency Powers” Is an Act of Treason

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Proposed NH Constitutional Amendment (CACR27): All State Court Judges Shall Be Subject to Recall and Removal by Petition

New Hampshire constitutional amendment concurrent resolution (CACR27), introduced January 5, 2022, would give “we the people” of NH the ability to boot out the corrupt and tyrannical judges that permeate the current landscape.

All state court judges shall be subject to recall and removal by petition and vote of registered voters pursuant to provisions established by the legislature.” – CACR27 summary

 

Introduced by Rep. Norm Silber (R), Rep. Michael Sylvia (R), Rep. William Foster (R), and others, a public hearing for the amendment took place January 12, 2022. Rep. Silber began the hearing by stating that many of his constituents (Gilford/Meredith) had come to him with “horror story complaints about their treatment by judicial officers in the court system in the state, most of whom are complaining about how they’re treated in family court. Some dealing with child custody, child removals, DCYF.” Current NH law only allows the removal of a judge through the process of impeachment.

The public hearing for CACR27 lasted about 40 minutes and ended with NH criminal defense attorney Richard Guerriero saying, “I think the greater issue at hand is a greater scrutiny of the courts…This would give the people a path to take should they not be able to inspire their representatives to protect them from government.”

It Seems Obvious This Should Be a Law

I, you, and everyone we know probably knows at least one person who’s gone through the court system only to find it, and the judge, totally corrupt. Obviously when it comes to child custody and child removal from a family, if a corrupt judge is installed entire generations could be destroyed. But really, all corrupt judges ruin lives, don’t they?

It seems obvious this constitutional amendment should be law. Doesn’t it? Why the hell isn’t it? This is New Hampshire! And while we’re at it, let’s vote out all the bad cops, too. It would really put the “public” back into the “servants,” don’tcha think? Sound like a plan? Let’s see what happens with this!

Watch the Public Hearing for CACR27: (4:59:23 – 5:38:00)

 

 

 

 

US Appeals Court Rules: DEA Allowed Access to NH Opioid Database Without a Warrant

On January 27, 2022, the US Court of Appeals for the 1st Circuit, Chief Judge Jeffrey Howard, ruled in “US Dep’t of Justice v. Jonas, No. 19-1243,” that the DEA (Drug Enforcement Administration) can “legally” access New Hampshire’s prescription drug database via an administrative subpoena, not a warrant. This is despite New Hampshire and United States laws to the contrary.

While 48 states have submitted to maintaining a networked prescription database (Prescription Drug Monitoring Program / PDMP), most people would argue that their personal medical and prescription records are protected by the 4th amendment (“no warrants shall issue, but upon probable cause.”) Personal healthcare and medical information is generally protected under doctor-patient confidentiality laws and is regarded as almost sacrosanct in the healthcare world (think HIPAA.) In this case, confidentiality was further supported by the 4th amendment to the US Constitution.

Overwhelming Support From the Liberty Community

Michelle Ricco Jonas, manager of the New Hampshire PDMP in 2018, refused the DEA’s request to fork over 2.5 years’ worth of prescription data of a “person of interest.” After being subpoenaed she argued that the records belong to the state, not an individual person. Since March 12, 2019, when the notice of appeal was docketed, Michelle Jonas and New Hampshire state received an outpouring of support from the ACLU of California, Maine, Massachusetts, New Hampshire, New York, Puerto Rico, and Rhode Island – in other words, all the districts represented by the 1st Circuit Court.

Over the past two grueling years of appeal, the ACLU supported Jonas, and questioned whether issuing a subpoena to a state employee is within the bounds of the district court. They argued that medical records, for all intents and purposes, are considered private information. While the DEA has the ability to subpoena an individual, the ACLU asked if that gave them the right to subpoena a representative, or employee, of the state. They also argued that the 4th Amendment requires law enforcement “to obtain a warrant based on probable cause only to secure records over which there is a reasonable expectation of privacy.” The ACLU argued that medical records warrant an expectation of privacy.

The prescription records at issue in this case reveal intimate, private, and potentially stigmatizing details about patients’ health, including details of those patients’ underlying medical conditions. For that reason, as with other medical records, people have a reasonable expectation of privacy in them.” – Summary of Argument, US Dep’t of Justice v. Jonas, No. 19-1243

 

So What Was the Loophole?

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NH HB 1022 – Permitting Pharmacists to Dispense Ivermectin Without a Prescription

Rep. Leah Cushman presents HB 1022 at the public hearing on 1/18/22

 

On January 12, 2022, Rep. Leah Cushman (R – NH) introduced New Hampshire HB 1022: an act permitting pharmacists to dispense the drug ivermectin by means of a standing order entered into by licensed healthcare professionals. The general argument is that many healthcare workers are unable to prescribe ivermectin, either because of hospital politics or outside pressures. This bill would override the need for a prescription for ivermectin, allowing everyone in New Hampshire to pick it up over-the-counter.

A public hearing for this bill took place on January 18, 2022. Rep. Cushman, House committee (Health, Human Services, & Elderly Affairs) members, doctors, and others took part in a lively discussion that spanned over two hours. The overall consensus appeared to be in favor of the bill, with a few speakers pleading that those who cannot (or do not) get the covid-19 vaccine need another readily-available, tried, and tested alternative.

The Benefits of Ivermectin Are Well Established

The only medicine for infectious diseases to win the Nobel Prize has recently been smeared in the mainstream media. Surprised? There are innumerable studies that have overwhelmingly shown the benefits of this drug to combat all types of disease. The difference is that now the media has portrayed it as livestock medicine, and nobody can seem to counteract the bad press–not even Joe Rogan.

However, most of those in attendance, including multiple committee members, fully supported pushing this bill further. Even those who believe that vaccines are the best option had to admit that withholding medicine to those who cannot or do not get the vaccine doesn’t make sense. In fact, people who have received the vaccine can benefit from ivermectin as well.

Dr. Paul Marik Was in Attendance

One speaker of note was Dr. Paul Marik, who traveled to the public hearing for NH HB 1022 all the way from Virginia.

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Representative Brodie Deshaies: Ignorant or a Liar?

Brodie Deshaies at the hearing looking guilty

Brodie Deshaies at the hearing looking guilty while Carla Gericke calls him out for using scare tactics

Representative Brodie Deshaies from Wolfeboro, New Hampshire testified in front of the State-Federal Relations and Veteran Affairs Committee on January 20, 2022 concerning CACR 32. The legislation seeks to let the people of New Hampshire vote to amend the Constitution and become an independent nation, breaking ties with DC. He was the legislator asked by the committee chairman to do the bulk of the research before the hearing.

Looking closely at all the claims Deshaies made about the legality of this bill and the implications concerning lawmakers voting to recommend that the House pass it, it is hard to decide if he is ignorant and easily swayed by empire-loving “constitutional scholars” from DC or if he gave a speech full of lies to sway the vote. He used fear-mongering language directed at the committee, implying that they may be charged by Washington DC if they vote ‘Ought To Pass’ and supported the bill through the legal process. This article is a close-up look at his claims and will look at all the material he references to see if he is really making a constitutional argument against CACR 32.

Deshaies starts off with an acknowledgment of how the public perceives him. There are some people who are pretty upset with me in the room,” he says. This is already very indicative of his character. He sent Elliot “Alu” Axelman (the editor-in-chief of LibertyBlock.com and the author of multiple books on secession) an email full of misinterpretations of the US and New Hampshire Constitutions a few weeks ago. When Alxelman politely asked if he wished to engage in a public debate on the topic, Deshaies cowered and declined. Without the opportunity to debate Deshaies, and with no legislator agreeing to debate him, Alu published his rebuttal to Deshaies’ anti-independence letter on his website. The article destroys the few arguments that the anti-freedom legislator sought to make in his letter. Instead, Deshaies went on to publish the exact same letter in an op-ed article on NHJournal.com. So, now we know he knows how people feel about his twisting of the facts, but he just goes on to ignore the people and doubles down on his way of thinking. We see from this very first sentence that he isn’t the sort of person who feels he should be in office doing what the people of New Hampshire want. He feels he’s in office to rule over the citizens of New Hampshire with an iron fist.

He goes on to say that after speaking to many “constitutional scholars” such as David Williams, author of “The Mythic Meanings of the Second Amendment”, that he believes this committee was engaged in a “constitutional process” by voting Ought to Pass or Inexpedient to Legislate. Which means every vote cast is “aiding in the constitutional process,” and “approving it at each time along the way”.

Deshaies claims, “Every vote cast has a constitutional ramification judging by amendment fourteen of the US Constitution, section three. Some scholars would argue that this is rebelling, even if it’s peaceful. This very well could be an argument where voting for this, aiding and abetting in that process could very well be unconstitutional.”

So, there it is, folks. Deshaies spoke to a man who wrote a book arguing that the second amendment doesn’t really give all Americans the right to bear arms for advice on what the Constitution says. Then, he came up with a clever way to subtly scare the other members of the committee out of voting Ought to Pass on this bill. He used a mildly veiled threat of ‘insurrection’ and ‘rebellion’ to convince everyone on the committee to vote 21-0 against recommending the bill to be passed. Even the two committee members who told Axelman that they would support the legislation ultimately caved to the fear and voted to kill it. (more…)